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SYRACUSE CRB CITIZEN REVIEW BOARD Annual Report 2018

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Page 1: SYRACUSE CRB...The close of 2018 marked another active year of oversight by the Syracuse Citizen Review Board. The following information provides a summary of the CRB’s 2018 operations

SYRACUSE

CRB CITIZEN REVIEW BOARD

Annual Report 2018

Page 2: SYRACUSE CRB...The close of 2018 marked another active year of oversight by the Syracuse Citizen Review Board. The following information provides a summary of the CRB’s 2018 operations
Page 3: SYRACUSE CRB...The close of 2018 marked another active year of oversight by the Syracuse Citizen Review Board. The following information provides a summary of the CRB’s 2018 operations

TABLE OF CONTENTS

Summary of 2018 Operations .............................................................................................. 1

Hearings & Disciplinary Recommendations ...................................................................... 1

Disciplinary Action Rate ....................................................................................................... 1

Responses from Chief of Police regarding Sustained Complaints .................................. 2

Mission & Objectives ............................................................................................................ 2

Board Members & Terms ..................................................................................................... 3

Filing a Complaint with the CRB ........................................................................................ 4

Public Meetings ...................................................................................................................... 4

Outreach ................................................................................................................................. 4

Operations ............................................................................................................................... 5

Board Training & Development .......................................................................................... 5

Policy & Training Recommendations ................................................................................. 5

Case Summaries of Sustained Findings ............................................................................. 10

Budget .................................................................................................................................... 12

Statistics ................................................................................................................................. 13

Appendix I: IACP One Mind Brochure ......................................................................... 19

Appendix II: IACP One Mind Mental Illness Policy-2018 ......................................... 20

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SUMMARY OF 2018 OPERATIONS The close of 2018 marked another active year of oversight by the Syracuse Citizen Review Board. The following information provides a summary of the CRB’s 2018 operations. The CRB received a total of 83 complaints in 2018 and completed processing of 77 cases (58 cases resulted in a no hearing vote by the Board, 4 cases were filed that were outside of the CRB’s jurisdiction, 15 hearings were held on cases filed in 2017 and 2018).

83 complaints received

15 hearings held

HEARINGS & DISCIPLINARY RECOMMENDATIONS

Once the full CRB votes to send a case to a panel hearing, a panel is composed of three members of the CRB (one mayoral appointee, one district councilor appointee, and one at-large councilors’ appointee) and the hearing is typically held within two to three weeks based on the availability of the complainant and witnesses.

8 hearings resulted in sustained findings by the hearing panel for allegations of Demeanor, Excessive Force, Withholding Personal Information from Medical Staff, Denial of Next-of-Kin Notification in a timely manner, Improper Stop, Racial Bias/Profiling, False Arrest, and Inadequate Investigation.

7 hearings resulted in insufficient evidence, unfounded, and exonerated findings by the hearing panel for allegations of Demeanor, Failure to Act (vehicle), Failure to act (arrest), Excessive Force, and Untruthfulness in a police report.

A sustained finding means that the panel found that there was substantial evidence that the alleged misconduct did occur. The CRB’s sustain rate for 2018 was 9.64 %. The sustained rate is calculated by dividing the number of hearings that resulted in sustained findings (8) by the number of complaints received in the year (83). The sustained rate for 2017 was _15.25__%.

2018 CRB Disciplinary recommendations:

_3_ recommendations for retraining

_1_ recommendations for written reprimand

_1_ recommendations for written reprimand to stay in file for ninety (90) days.

_3_ recommendations for verbal reprimand

_2_ recommendations for one (1) week suspension w/o pay

_1_ recommendation for restitution

SPD DISCIPLINARY ACTION RATE: The disciplinary action rate (or rate of agreement) is the rate at which the Chief of Police

imposes discipline when the CRB recommends it. Local Law 1 of 2011 requires the CRB to report to the public the number of times that the Chief of Police imposed disciplinary sanctions when the CRB sustained an allegation against an officer and recommended discipline. The CRB received __15__responses from the Chief of Police to the __15__ hearings in which a CRB held.

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The Chief Fowler agreed with the CRB in cases where the alleged allegations were determined to be lacking sufficient evidence, unfounded, and exonerated. The Chief disagreed with 7 findings with sustained against the officer and agreed with (1) Officer sustained finding and we were advised that the officer was “addressed appropriately.” The CRB received a total of 15 response letters from the Chief for cases filed in 2016-2018.

MISSION & OBJECTIVES The purpose of the Citizen Review Board, all of whose members are volunteers, is to provide an open, independent, and impartial review of allegations of misconduct by members of the Syracuse Police Department; to assess the validity of those allegations through the investigation and hearing of cases; to recommend disciplinary sanctions where warranted; and to make recommendations on Syracuse police policies, practices and procedures. In fulfillment of its legislative purpose and mission, the Board is committed to:

Creating an institution that encourages citizens to feel welcome in filing a complaint when they believe that they have been subject to police misconduct;

Making the public aware of the CRB’s existence and process through ongoing community outreach events and coverage by local media;

Completing investigations and reviews of complaints in a thorough, yet timely fashion;

Remaining unbiased, impartial, objective and fair in the investigation, evaluation, and hearing of complaints;

Engaging in community dialog that encourages citizen input with the CRB;

Respecting the rights of complainants and subject officers;

Upholding the integrity and purpose of the CRB’s enabling legislation;

Reporting to the Mayor, the Common Council, the Chief of Police and the public any patterns or practices of police misconduct discovered during the course of investigation and review of complaints; and

Operating in an open and transparent manner to the extent permitted by applicable municipal and state laws, regulations and ordinances.

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BOARD MEMBERS & TERMS The Board members serve staggered three-year terms and are all unpaid volunteers. Board members devote an average of ten hours per month to CRB matters. This includes their attendance at monthly meetings, preparation for and participation in panel hearings, training, and community outreach. Biographies of each Board member are available on the CRB website at www.syrgov.net/crb_Members.aspx.

Members of the Syracuse Citizen Review Board as of December 31, 2018

Mayoral Appointees

Ms. Mary Nelson - term expires December 31, 2019 Mr. Peter McCarthy - term expires December 31, 2020

Ms. Mae Carter - term expires December 31, 2019

District Councilor Appointees Ms. Dana Natale - 1st District - term expires December 31, 2020

Open - 2nd District - term expires December 31, 2019 Ms. Lori Nilsson - 3rd District - term expires December 31, 2021

Ms. Ruth Kutz, Board Chairman - 4th District - term expires December 31, 2020 Open- 5th District - term expires December 31, 2019

At-Large Councilor Appointees

Ms. Hatisha Holmes – term expires December 31, 2021 Mr. R. Daniel Grinnals, - term expires December 31, 2021

Mr. Clifford Ryans - term expires December 31, 2019

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FILING A COMPLAINT WITH THE CRB The Syracuse CRB accepts complaints against members of the Syracuse Police Department (SPD) involving allegations of misconduct that may violate SPD rules and regulations, as well as state, local and/or federal law. The CRB accepts complaints on active misconduct – such as excessive force, constitutional violations, harassment, racial or gender bias, poor demeanor, search & seizure violations, theft or damage to property, untruthfulness, and false arrest – as well as passive misconduct such as failure to respond, failure to intercede or refusal to take a complaint. Any member of the public can file a complaint with the Syracuse CRB; a complainant need not be a resident of the City of Syracuse or a US citizen. There are several ways a complaint can be filed. A complainant can walk in to the CRB office in City Hall Commons at 201 East Washington Street, Suite 705, to fill out a complaint, contact the CRB office to have a complaint form mailed to their address, download the complaint form from the CRB website, or request a home visit if necessary. The complaint form can be hand delivered or mailed to the CRB office. The CRB website is www.syrgov.net/CRB.aspx. The CRB office telephone number is 315-448-8750. The CRB can be reached by e-mail at [email protected].

PUBLIC MEETINGS The CRB meets on the first Thursday evening each month at 5:30 PM in Common Council chambers in City Hall. The meeting schedule is posted at area libraries, on the CRB website, and on the calendar on the City’s main webpage. These meetings are open to the public with a public comment period that begins no later than 6:30 PM. The purpose of the public meeting is to develop and refine CRB policies and procedures in an open, transparent and accountable fashion and to conduct the ongoing business of the CRB. The Board meetings typically include a vote on items that require Board approval, a series of items presented by the Chairman for the Board’s consideration, a report on the CRB’s monthly activities by the Administrator, a variety of committee reports and an opportunity for public comment. After the conclusion of the public comment period, the Board continues its meeting in a confidential Executive Session to deliberate and vote on whether or not to send investigated complaints to a hearing. During 2018, the Board processed on average nine complaints per month.

OUTREACH The CRB legislation requires the agency to conduct at least five outreach events annually, one in each Council District. During 2018, the CRB hosted “Know Your Rights” presentations at the Northeast Community Center (NEHDA) in the 1st District and Southwest Community Center through the Syracuse City School District Parent University in the 4th District. The 2nd District Outreach events were Unity Day at Jubilee Park, Showcase Sunday’s through Jubilee Homes in June, July, and August, Syracuse Night Out Against Crime with Syracuse Police Department, Near Westside Initiative Multicultural Block Party, and Central New York Pride Festival; the 3rd District Outreach event was the School Safety forum hosted by the Syracuse City School District; the 4th District Outreach event Juneteenth Parade Unity Day, Elk Street Block Party, Jubilee Holmes Community Meeting, 16th Annual Mary Nelson School Supply Giveaway; and the 5th District events were the Westcott Cultural Fair and Unity Day through SNUG was cancelled.

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Community Outreach and Public Education is achieved by having CRB information – brochures, complaint packets (complaint form, HIPAA form, Legal Assistance Addresses, Notice of Claim form) and magnetic information cards – available for the taking while interacting with the public and police depending on the event. Each event provided an opportunity to introduce the CRB process to the public and respond to any questions.

OPERATIONS Between January 1 and December 31, 2018, the CRB held 11 monthly business meetings that were open to the public. The CRB received a total of 83 complaints in 2018 and completed processing of 77 cases (58 cases resulted in a no hearing vote by the Board, 4 cases were filed that were outside of the CRB’s jurisdiction, 15 hearings were held on cases filed in 2017 and 2018).

BOARD TRAINING AND DEVELOPMENT The Board held our annual training and development day at 1199 SEIU on May 19, 2018. A presentation by Alan Rosenthal, Esq., Nancy Keefe Rhoades, and former city Common Councilor Charles Anderson provided the Board with a history lesson from 1993 through our current 2011 Legislation. We also received a presentation from Syracuse Police Chief Frank Fowler and Assistant District Attorney Rick Trunfio.

2018 ANNUAL POLICY & TRAINING RECOMMENDATIONS In each year’s Annual Report, the CRB makes recommendations on police policy, training and procedures. The recommendations are provided to the Mayor’s office, the Common Council, and the Chief of Police in an effort to spur constructive dialog about how to improve particular aspects of the Syracuse Police Department. We believe that these recommendations, if adopted, will serve the interests of the public as well as the City’s police officers. The CRB offers the following recommendations under the authority granted the Board by Section Three, Paragraph (6) of the CRB legislation. REAFFIRMATION OF 2012 THROUGH 2017 POLICY RECOMMENDATIONS WITH SHORT SUMMARY

The SPD Should Adopt a Modern Comprehensive Use of Force Policy. The CRB has proposed a model policy in the annual reports. The policy should be based on national best practices, model policies from other police departments, and requirements outlined by the U.S. Department of Justice in consent decrees with other cities. It should include: A delineation of all force options, including all department-approved lethal and less-lethal weapons, and specific guidance on when each force option is appropriate and not appropriate; Precise definitions of key terms including but not limited to imminent threat, force transition, de-escalation, reportable force, and the definitions and correlation of various levels of subject resistance (passive, active, aggressive and aggravated aggressive) to levels of force; A discussion of what constitutes “objectively reasonable” force under the U.S. Supreme Court’s Graham v. Connor (1989) decision; Specific prohibitions on when certain forms of force should not be used; A more prominent emphasis placed on the limitation of the use of impact weapons to strike the head or neck area to deadly force situations; The limitation of respiratory restraints (i.e. “chokeholds”) and vascular (or carotid) restraints only to situations where deadly force is justified.

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A “Duty to Intervene” and a “Duty to Report” policy which dictates that any officer present and observing another officer using force that is clearly beyond that which is objectively reasonable under the circumstances shall, when in a position to do so, intercede to prevent the use of unreasonable force and promptly report these observations to a supervisor; A prohibition on officers firing at or from a moving vehicle when the moving vehicle constitutes the only threat. Inclusion of a Non-Retaliation Clause in the SPD’s Complaint Procedures. The CRB recommends the inclusion of an unambiguous clause that restricts any manner of retaliation or intimidation against any individual who files a complaint, seeks to file a complaint, or cooperates with the investigation into a complaint against a member of the SPD. In-service Training on High Risk Traffic Stops. All SPD officers should undergo in-service training on the procedures for conducting felony stops and on identifying conditions when the procedures should be followed. In-service Training on Reducing or Eliminating Charges in Exchange for Information or Cooperation. During 2013, the CRB investigated five separate complaints involving officers making offers to suspects to reduce or eliminate criminal charges in exchange for cooperation leading to the seizure of an illegal gun, information on the local drug trade, or information on recent homicides. This is commonly known as “working off charges” and is contrary to departmental procedures, which require the involvement and approval of the District Attorney’s office in any deals reached with cooperating suspects. The CRB strongly supports the SPD’s ongoing efforts to remove illegal guns and drugs from the streets and to vigorously pursue and solve the city’s major crimes. The CRB recognizes that this is a valuable investigative tool to law enforcement. However, SPD policy requires officers to take enforcement action against a criminal offence. Moreover, the practice of making informal and unofficial offers can lead to baseless allegations by an individual desperate to avoid charges and it can leave criminal suspects vulnerable to acts of retribution. The CRB’s understanding of the DA’s position is that officers are allowed to ask suspects for information but cannot offer to ignore evidence of a crime in exchange for cooperation. Officers are allowed to tell a suspect that notice of their cooperation will be forwarded to the DA’s office for the DA’s consideration in the final disposition of their charges, but the authority to make that decision resides with the DA’s office. Develop a Policy on the Use of Police Vehicles when Chasing a Suspect who is on Foot or Bicycle. In two cases, individuals have alleged that police used their vehicle to bump or cut them off as they were either running or riding a bike. Develop and Implement a Disciplinary Matrix to bring consistency and predictability to the department’s disciplinary process. A matrix, a common disciplinary tool used by employers both inside and outside of policing, categorizes violations into various levels of severity and provides disciplinary options for each level. A degree of administrative discretion can be built into the matrix by including mitigating and aggravating factors that can increase or decrease the level of discipline. Adopt a Policy to Immediately Retrieve and Secure Video from the COPS Platform cameras or nearby private surveillance cameras anytime there is a use of force incident within range or as

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soon as a complaint has been made against an officer (either through 911, at the scene, or later through OPS). Extend the timeframe that COPS Platform camera videos are available so the videos will more likely be available for complaint investigations. The Office of Professional Standards should Conduct Recorded Interviews with Subject Officers and Acquire Police Radio Transmissions as a routine part of their internal affairs investigations. The recording of interviews with officers who are the subject of a complaint or who are a witness to the incident is a widely accepted best practice for internal affairs investigations. The recording of interviews tends to improve the quality of the interview and preserves the interview for review by outside agencies when necessary. The routine acquisition of police radio transmissions would provide investigators with additional context and the ability to verify critical aspects of an officer’s account of a given incident. Install Seatbelts and Cameras in the Rear Compartment of Police Transport Vans that can record and store for a reasonable time period audio and video. The transport vans were previously equipped at the time this recommendation was made with holding straps and cameras which do not record audio or video. We are advised that seatbelts have been installed. Purchase and Install Dashboard Cameras and Audio Mics in all SPD Patrol Vehicles. The in-car dashboard cameras and audio mics could be fully integrated with a new body camera system providing maximum possible coverage. Include a Policy which Outlines the Proper Procedures for Conducting Eyewitness Identifications including photo lineups, live lineups, show up identifications, and field view identifications. Securing Entryways following a Forced Entry. SPD should adopt a policy similar to that of the DPW board-up crews, to ensure security following a forced entry. Provision of Property Receipts for Seized Currency. SPD should make the provision of property receipts (Form 5.4) mandatory at the point of seizure, provided doing so does not jeopardize the safety or security of the officer or any other person. If the officer does not have a property receipt at the point of seizure, then the officer should request one through dispatch. 2018 POLICY RECOMMENDATIONS Revise the Body Worn Camera Policy (BWC)(Volume 1 Article 3, Section 83). The CRB attended the public forums conducted by the Syracuse Police Department and the Mayor’s Office related to BWC policy and provided the below information to be considered in drafting the policy. We were advised the drafting team was provided with a copy of our recommendations which were considered and some language was inserted to address some of the CRB’s recommendations.

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1. The SPD should adopt a policy known as “Clean reporting”; Officers should write the report, then watch the BWC footage then complete a supplemental report. The CRB expresses extreme concern related to a policy that allows an Officer to view the BWC footage and then write his/her report. We believe it is imperative to preserve the independent evidentiary value of Officers reports.

2. Subsection 83.13(A)(1): CRB recommends the removal of the word “preferably” related to

when the BWC should be activated by a member to upon being dispatched and prior to exiting their police vehicle, or prior to commencing ay activity if on patrol members will activate their BWC.

3. Subsection 83.15: CRB should be listed as a party to receive access to any BWC footage

necessary during their independent investigation of civilian complaints. This access should be permitted even in circumstances in which the Office of Professional Standards does not request or review said footage.

4. The CRB recommends that all specialized unit members be provided with BWC’s regardless

of their seniority with the SPD. These specialized units should specifically include Crime Reduction Team and the Gang Task Force.

Civil Rights Principals on Body Worn Cameras

Develop a BWC policy that includes the public’s input. Encourage community forums to engage the community in discussions related to the policy and community concerns. Make the SPD policy public and available on its website immediately

Ensure that the Officers entrusted with BWC’s have the appropriate training on a well-defined purpose and ensure said cameras are not used to further demean those communities where heavy police presence is the norm.

Actively and effectively communicate the operational policies related to recording, retention, and access, and enforce strict disciplinary protocols for policy violations immediately and without hesitation.

Make footage available to promote accountability with appropriate privacy safeguards in place while ensuring the public has access in a timely manner.

Provide all footage to the CRB related to an open complaint during its investigative process to promote accountability and transparency.

Syracuse University Body Worn Camera Policy includes many provisions that the CRB recommends SPD adopt as follows:

The Officer will activate his/her BWC when they are dispatched and responding to a call.

The Officer will activate his/her BWC before leaving his/her patrol vehicle and the BWC will remain activated until the event is completed.

When Officer(s) makes a decision to self-initiate a traffic stop he/she will activate the BWC.

When an Officer is in response to another call for service or flagged down by a person for service, their BWC will be activated.

If the BWC is turned off, document in reports with a statement verbally on record and also in their written report. While interviewing sexual assault victims, a young child, or a person who is in a state of undress or in an areas with an expectation of privacy the BWC can be turned off.

When responding to incidents, inform person(s) that they are being recorded.

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An access log will be maintained by the Chief or his designee showing the names and dates associated with the release of BWC recordings, intended use and supervisor authorizing the release.

The original BWC footage shall not be released, redacted, or modified in any way; a copy of the original recording will be made and any such redacting will be made to the copy only.

Any and all disclosure of BWC data must be consistent with the departments record release policy and applicable statutes regarding, but not limited to, evidence discovery and disclosure pursuant to the Freedom of Information Law (FOIL). The Chief will work with Administration and legal counsel to review and appropriately redact (or authorize a designee to copy and redact) applicable footage to be released.

BWC data will not be edited, altered, erased, duplicated, copied, shared, or otherwise distributed in any manner by any member of the SPD without consultation with Chief and legal counsel. All requests and final decisions will be kept on file. All requests must be submitted in writing.

Include a copy of the AXON BWC User Manual to the BWC Policy.

Lieutenants, Patrol Sergeants, or unit supervisors will randomly review BWC recordings of Officers assigned to their shift or unit.

Progressive BWC Discipline will be detailed in the SPD Policy. Change policy related to interaction with Mentally Ill Persons: The CRB discussed the draft policy from IACP with the Department and received feedback related to the training and partnerships they have with a local hospital, the Office of Mental Health (OMH) and the Division of Criminal Justice Services (DCJS). The CRB recommends that the SPD change Volume 1, Article 3-Operations Section 50.00 related to Mentally Ill Persons to reflect the attached Model Policy developed by International Association of Chief’s of Police (IACP) updated in August 2018 and also become a One Mind Department which seeks to “ensure successful interactions between police officers and person affected by mental illness. These practices include: establishing a clearly defined and sustainable partnership with a community mental health organization, developing a model policy to implement police response to persons affected by mental illness, training and certifying sworn officers and selected non-sworn staff in mental health first aid training or other equivalent mental health awareness course, and providing crisis intervention team training.” See Appendix I and II. Requirements for School Resource Officers (SRO’s) or School Information and Resource Officer (SIRP): The CRB discussed this recommendation with the Department and received feedback related to the internal process and the Syracuse City School Districts involvement in the hiring of SRO’s and SIRP Officers. A Memorandum of Understanding (MOU) between the Syracuse Police Department and the Syracuse City School District helps to establish roles and responsibilities of SIRP’s. SIRP selection and training impact the quality of student interaction therefore the Board recommends the School District be involved in the vetting process of the SIRP’s to ensure officers placed in buildings have appropriate interpersonal skills and have specialized training related to adolescent development. When the department decides that an officer should be an SIRP a psychological fitness for duty

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evaluation should be administered as a legal duty to ensure that police officers under their command are mentally and emotionally fit to perform their duties. If said officer has displayed behavior that raises concerns that the officer may be unstable, a physical danger to self and others, or ineffective in discharging responsibilities it is reasonable to believe such behavior may occur on duty and may include excessive force, domestic violence, lack of alertness, substance abuse or other counterproductive behaviors. As we have seen across America the school to prison pipelines awareness and concern is on the rise therefore it is imperative that we ensure those officers working with the community’s most vulnerable and impressionable have been properly vetted and trained.

CASE SUMMARIES OF SUSTAINED FINDINGS Out of the complaints processed during 2018, _8_ resulted in a sustained finding against one or more officers. The CRB provides summaries of the sustained cases below in an effort to afford the public an accurate understanding of the cases sustained by CRB panels. Consistent with Local Law 1 of 2012, no identifying information is included in the summaries to protect the identity of the complainants and officers involved.

Demeanor

An issue arose on a local college campus at which time the victim contacted the Syracuse Police Department. An officer arrived on the scene and asked questions of the victim in a manner that left them feeling frustrated and belittled. The victim felt the officer was extremely insensitive and others were more sympathetic in their questions about the incident. The Assistant Residence Director filed a complaint with the Syracuse Police Department on behalf of the victim. The allegation of Demeanor was sustained against the officer and a recommendation of retraining in the importance of maintaining professional demeanor when questioning students and assault victims was sent to the Chief.

Excessive Force The complainant was a backseat passenger side occupant of a car and the Syracuse Police Department initiated a traffic stop on the City’s North side. The Complainant advised that the officers rushed the car and stated that he was observed putting something in his mouth. The officers gave verbal directives to the complainant to spit it out, squeezed his cheeks, and one officer punched him in the face with a closed fist. As a result of the officers closed fist punch one tooth was knocked out and another was chipped. The complainant advises that he did not put anything in his mouth and did not swallow anything. The allegation of excessive force was sustained against the officer who administered the closed fist punch to the complainants face and a recommendation of a written reprimand was sent to the Chief.

Excessive Force and Inadequate Investigation The complainant was driving a vehicle down a street on the City’s South side while playing music and the Syracuse Police Department initiated a traffic stop. The complainant stopped at a traffic light and two police cars surrounded his vehicle. The both officers jumped out of their respective cruisers with their weapons drawn. The Officers then began to order the complainant to release his

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seatbelt while another officer reached into the vehicle and pulled him out of the car onto the street. Both officers began to kick, punch, and slam the complainants head into the pavement. The complainant was bleeding a great deal from his head and he was handcuffed while lying in the street. Although the complainant was restrained the officers continued to beat, kick, and punch him while yelling stop resisting. The complainant states he was not resisting and the beating did not stop until the blood was seen coming from his head. They then asked if they could search his vehicle and recovered nothing. He was transported to the Justice Center for booking but they refused to accept him without medical treatment so he was transported to the hospital and given an appearance ticket. One of the officers advised him that if he had pulled over the first time this wouldn’t have happened to him. The complainant states he pulled over initially when he saw the lights but he thought it was an ambulance and did not realize that the police were trying to get his attention to initiate a traffic stop. The allegation of excessive force was sustained against all officers and a recommendation of one (1) week suspension without pay, retraining, and restitution for the ambulance fee incurred by the complainant for his transportation to the hospital for treatment as a result of the force. The Board also sustained an allegation of inadequate investigation into the force on the Sergeant who arrived to complete the use of force report. A recommendation for restitution payment related to the Sergeant’s failure to release the car from tow after an appearance ticket was issued.

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BUDGET

2018-2019 Adopted

PERSONNEL SERVICES 510100 Salaries $ 96,550.00

CONTRACTUAL & OTHER SERVICES

540300 Office Supplies (Contractual & Other Expenses) $ 3,290.00 540500 Operating Supplies & Expenses $ 10,175.00 541500 Professional Services $ 15,900.00 541600 Travel, Training & Development $ 2,625.00

TOTAL: $128,540.00

The CRB reduced its budget by $11,537.00 as requested by the Mayor’s Office.

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2018 Totals

Total Complaints Received during 2018: _83_

The number of cases processed and closed by the Board during 2018: _81_

The number of complaints processed and not sent to a panel hearing during 2018: _58_

The number of complaints processed and closed for lacking jurisdiction: _4_

The number of cases that successfully were routed to conciliation: _0_

The number of complainants who initiated extended contact with the CRB but did not follow through with a formal signed complaint: _5_

The length of time each case was pending before the Board:

2 months on average (but some take longer due to unavoidable delays).

The number of complaints in which the Board recommended that the City provide restitution to the complainant and type of restitution recommended: _1_

The number of complainants who filed a Notice of Claim against the City of Syracuse while their complaint was

being considered by the Board: _18_

Hearing outcomes Panel hearings scheduled: _15_

Panel hearings held: _15_ Panel hearings resulting in disciplinary recommendations from CRB: _8_

Panel hearings resulting in no disciplinary recommendations from CRB: _7_

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Categories of Complaints Received by the CRB during 2018*

Number & Percent of Annual Intake

Demeanor Destruction of Property

Evidence Tampering

Excessive Force

Failure to Act

52 3 1 32 21

63% 3.6% 1.2% 38.5% 25.3%

False Arrest Gender Bias Harassment

Improper Offer to Reduce Charges

Improper Search/Seizure

15 1 32 1 21

18% 1.2% 38.5% 1.2% 25.3%

Racial Bias/Profiling

Retaliation Theft/Larceny

Untruthfulness in a Police

Statement or Falsifying a

Report

Violation of Constitutional

Rights

28 4 1 3 12

34% 5% 1.2% 4% 14.4%

*Some individual complaints include multiple allegations

**Typically not discovered until after a complaint is filed and police reports have been acquired.

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Complaints Received per Common Council District for 2018

District 1: Demeanor: 10

Excessive Force: 8 Failure to Act: 2 False Arrest: 1 Harassment: 8

Improper Search/Seizure: 5 Racial Bias: 7 Retaliation: 1

Violation of Constitutional Rights: 2

District 2: Demeanor: 15

Excessive Force: 8 Failure to Act: 9 False Arrest: 9 Gender Bias: 1 Harassment: 4

Improper Search/Seizure: 5 Improper Offer to Reduce Charges: 1

Property Destruction: 1 Racial Bias: 9

Theft/Larceny: 1 Untruthfulness in a Police Statement/Falsifying a Report: 1

Violation of Constitutional Rights: 4

District 3: Demeanor: 6

Evidence Tampering: 1 Excessive Force: 4 Failure to Act: 2 False Arrest: 2 Harassment: 5

Improper Search/Seizure: 5 Racial Bias: 5 Retaliation: 2

Violation of Constitutional Rights: 3

District 4: Demeanor: 14

Excessive Force: 8 Failure to Act: 2 False Arrest: 2 Harassment: 11

Improper Search/Seizure: 4 Property Destruction: 1

Racial Bias: 6 Retaliation: 1

Untruthfulness in a Police Statement/Falsifying a Report: 1 Violation of Constitutional Rights: 1

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Complaints Received per Common Council District for 2018

District 5: Demeanor: 7

Excessive Force: 4 Failure to Act: 6 False Arrest: 1 Harassment: 4

Improper Search/Seizure: 2 Property Destruction: 1

Racial Profiling: 1 Untruthfulness in a Police Statement/Falsifying a Report: 1

Violation of Constitutional Rights: 2

*See the following page for a map of the Common Council Districts

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Complainant Demographics for All Complaints Received in 2018

Ethnicity # % of city

population*

*Black 61 29.5%

*White 17 52.8%

*Latino 8 8.3%

Asian 0 5.5%

Native American

2 1.1%

Other 0 2.8%

Total 88

*based on 2010 census

Sex # % of city population*

Male 51 60%

Female 35 40%

Sexual Identity of Complainant

LGBTQ 1 1%

Age # % of city

population *

Under 18 4 0%

18-35 43 50%

36-50 22 30%

51+ 17 20%

Language other than

English

#

Spanish 8

Vietnamese 0

Other 1

*Disability information and languages other than English were not indicated by the complainants.

* In cases where the complaint was filed by the parent/guardian on behalf of a child the age, gender, and race are counted separately to accurate reflect the information related to each complainant.

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Appendix I

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Appendix II

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Page 32: SYRACUSE CRB...The close of 2018 marked another active year of oversight by the Syracuse Citizen Review Board. The following information provides a summary of the CRB’s 2018 operations